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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am divorced and my ex didn't pay any child support from

Customer Question

I am divorced and my ex didn't pay any child support from 1995 and our son is 21 now,does he,can I claim the child support he owes me,he lives in the uk
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
My ex and I are both english
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Harris replied 1 year ago.

Hi, thanks for your question. Was there a court order or a CSA calculation regarding the child maintenance?

Customer: replied 1 year ago.
hi yes within the devorce settlement a set amount was decided upon for child maintenence.
Expert:  Harris replied 1 year ago.

Thanks for confirming. When did he stop paying child maintenance?

Customer: replied 1 year ago.
he has never paid to any contribution to the agreed child maintenence. i nave tried several times through the courts in spain. but as the settlement was made in in the uk they where unable to deal with the claim. now he has moved back to the uk and working can i legally claim back for the last 21 years
Expert:  Harris replied 1 year ago.

Why was it not pursued through the English courts previously?

Customer: replied 1 year ago.
he has been living in spain for the past 20 years as have i seperatly
, and he often had no address or work. i guess i just didnt relize the uk courts do much to enforce the child maintence.
Expert:  Harris replied 1 year ago.

The English courts would have dealt with such an application and you would have been able to apply in Spain to enforce this - it is not certain why the Spanish courts did not as you would have been entitled to apply for a REMO (see here: https://www.gov.uk/child-maintenance-if-one-parent-lives-abroad/paying-parent-lives-abroad)

Given that he has now returned to England and no formal decision was made before hand to vary the order, then you would be entitled to apply to enforce the order using form D50K and a £155 court fee to your local family court. The court will likely scrutinise why it has taken so long for you to deal with given the legal options available as detailed above.

I appreciate that this may not be the answer you would have hoped for but if you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

Customer: replied 1 year ago.
I still live in Spain. can i still apply to the courts in England from here and how? I can have all the paper work collected and translated will this help?
Expert:  Harris replied 1 year ago.

Yes you can apply to the family court which issued the order using form D50K and a £155 court fee. Translated paperwork will assist once proceedings commence.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Expert:  Clare replied 1 year ago.

My name is ***** ***** I have been a solicitor for more than 30 years.

To add to the above

You will need the permission of the court to enforce these arrears - and it is not likely to be given at this late date I am afraid.

One reason is that since you were both living in Spain there is no reason why you could not have applied for maintenance via the Spanish courts - another is that the time delay means that your ex is at a disadvantage in being able to prove whether or not he was working

The decider however is that the Order has now ended

Whilst you can indeed issue the applictaion it is I fear doomed to failure

Customer: replied 1 year ago.
Hi. I have taken my ex husband to court here in spain, and he was ordered to pay the child benifit, also when I asked him for this child maintinece he assaulted me. This issue also went to court and he was given a sentence. How ever he has consistantly avoided the athorites and has never made payment. Now he has returned to the uk and is working, surly he should be held acountable for the past orders given by a court of law? Why should he not be held accountable simply because he can not show that he has worked or not? Is the law that easy to avoid?
Customer: replied 1 year ago.
I know that this is a complicated case. here in Spain there is a high unemployment for under 25 year olds i think 45 % He needs all the help he can get and the farther should pay his dues!
Expert:  Clare replied 1 year ago.

So in fact you have a Spanish Court Order that he should pay you money?